6:25-cv-00061•Clem v. Martinez et al
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UNITED STATES DISTRICT COURT NORTHERN DISTR]CT OF TEXAS SAN ANGELO DIVISION JOSHUA COBY CLEM, Plaintiff, No. 6:25-CV-061-H CARLOS MARTINEZ, et al., Defendants. ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF THE MAGISTRATE GE AND VERRULING Before the Court are the Findings, Conclusions, and Recommendations (FCR) of United States Magistrate Judge John R. Parker (Dkt. No. 23). Judge Parker concludes that the plaintiffs suit is frivolous and fails to state a claim upon which relief may be granted. He recommends the Court dismiss the suit with prejudice and likewise deny the pending motion for preliminary injunction (Dkt. No. 6). The plaintifftimely filed objections to the FCR (Dkt. No. 24). The Court overrules the objections and adopts the FCR in full. The Court agrees that, after multiple attempts, the plaintiffhas failed to state a viable claim and asserts on.ly frivolous, sovereign-citizen theories. Accordingly, the Court dismisses the action with prejudice and terminates the pending motion for preliminary injunction (Dkt. No. 6). Case 6:25-cv-00061-H-BU Document 25 Filed 02/27/26 Page 1 of 6 PageID <pageID>
l. Background A. Factual Background and Procedural History The plaintiff, Joshua Coby Clem, filed suit, pro se, on July 17,2025, against Carlos Marinez, Crockett County Constable,r for alleged constitutional violations that occurred when he was anested and detained for driving without a valid driver's license in violation of Texas law. Saa Dkt. No. l. Per the Court's standing order, the case was referred to Judge Parker for pretrial management. Dkt. No. 2. Clem has since filed a request to proceed iz forma pauperis (IFP) (Dkt. No. 4); a motion for preliminary injunction asking the Court to enjoin govemment officials from anesting, detaining, or citing him for continuing to drive without a license (Dkt. No. 6); multiple amendments, supplements, and requests to amend his original complaint (Dkt. Nos. 5; 10; 11; 14;16: 17;18; 19; 21); and answers to Judge Parker's questionnate (Dkt. No. 15). Judge Parker granted the plaintifls request to proceed IFP and screened the case pursuantto28U.S.C.$0 1915(eX2)(B)and1915A.,SeeDkt.Nos.7; 8. JudgeParkeralso granted the plaintiffs request to amend his complaint and allowed the plaintiffto frle his most recent amended complaint and "supplemental document" together as his second amended compiaint. See Dkt. No.20; see alsoDkt. Nos. l8-1; 19;22. In his live pleading, the plaintiff asserts violations of his First, Fourth, and Fourteenth Amendment rights, arising from his arrest and detention for driving without a Texas driver's license. Dkt. No. 22 at 2. Although the plaintiff admits he did not have a license at the time of his arrest and detention, he claims such arrest violated his 1 Clem hrst sued Martinez and later amendcd his complaint to add Susan Wemer, Justice of the Peace, Precinct I, Tom Green County, Texas, and Chris Taylor, County Attorney for Tom Grcen County, Texas. See Dkt. No.22. I Case 6:25-cv-00061-H-BU Document 25 Filed 02/27/26 Page 2 of 6 PageID <pageID>
constitutional rights because he "do[es] not believe [he] was required to possess one because [he] was not engaged in any commercial activity" and instead was "exercising [his] constirutional right to travel privately." Dkt. No. 15 at 3. He also contends that Martinez has taken multiple retaliatory actions against him that have chilled his freedom of expression, association, and movement, inciuding: citing his wife for traffic violations; causing three police officers to conduct an "aggressive" traftic stop; standing outside his car window while the other officers issued citations; parking "near or outside" his home and conducting traffic stops ofother citizens; instructing other officers to warn him that he would be arrested or his vehicle impounded if he continued to drive without a license; and, approaching his son at a public pool to question him about the plaintiffs beliefs. Id. at7. B. Judge Parker's FCR Judge Parker evaluated thoroughly each ofthe plaintiffs claims, taking as true the factual allegations made in the plaintiffs pleadings and response to his questionnaire, and concluded that, even viewing the allegations in a light most favorable to the plaintiff, his claims were frivolous and stated no grounds for relief. See Dkt. No. 23. Judge Parker fust concluded that the premise of Clem's claims-that he "is not required to have the State of Texas's permission to operate a motor vehicle on public roads-is 'blatantly incorrect."' Id. at 9-10 (quoting Perkins v. Brewste/, No. 1:17-CV- I 173, 2018 WL 4323948, at *2 (W.D. Tex. Sept. 7, 2018)). As for the alleged constitutional violations, Judge Parker concluded that: (1) Clem cannot assert a Fourth Amendment unreasonable-seizure claim because he does not dispute the facts that Martinez relied on that gave him probable cause to arrest Clem but, rather, disputes the validiry of the starute that made his conduct unlawful, id. at 11 -3 Case 6:25-cv-00061-H-BU Document 25 Filed 02/27/26 Page 3 of 6 PageID <pageID>
(2) Clem cannot assert a Fourteenth Amendment due-process violation for restricting his liberty interest in travel because the licensing requirement does not prevent Clem from traveling but, instead, from doing so on public roads without a proper license, rd at 72-14: and (3) Clem cannot assert a First Amendment retaliation claim because he cannot show that Martinez's only motive for his actions was retaliation against Clem for activity protected by the First Amendment, id. at 14-76. Considering the frivolity of the plailtiffs claims, Judge Parker also recommended denying the plaintiffs request for a preliminary injunction. Id. at 17 . The plaintiffs objections reiterate his contention that the state's enforcement of its driver's license requtement through his anest and detainment violated his constitutionally protected right to travel because the license requirement is inapplicable to a private citizen who is not traveling for the purpose of commerce. Dkt. No. 24 at2. He also alleges for the fust time that the defendants acted in concert to "oppress or injure" him for the "free exercise of [his] constitutional rights" in violation of 18 U.S.C. 5241. Id. at 3. In suppon of these objections, the plaintiffcites cases from the Supreme Court and state courts in Illinois, Califomia, and Virginia. See id. at34,7-8. 2. Legal Standard A parry who seeks to object to any part of a Magistrate Judge's FCR must file specific written objections within 14 days after being served with a copy. 28 U.S.C. $ 636(bXl); Fed. R. Civ. P. 72(b)(2). As for portions where no specific objections are filed within the 14-day period, the Court reviews the Magistrate Judge's findings, conclusions, -4- Case 6:25-cv-00061-H-BU Document 25 Filed 02/27/26 Page 4 of 6 PageID <pageID>
and recommendations only for plain enor. Senano v. Customs & Border Patrol, U.S. Custofis & Border Prot.,975 F.3d 488, 502 (5th Ct. 2020). When a party files objections, the Coun must review those objected-to portions de novo. 28 U.S.C. 0 636OXl); Kreimerman v. Casa Veerkamp, S.A. de C.V.,22 F.3d 634, 646 (5th Cir. 1994). The district court may then accept, reject, or modifu the recommendatrons or findings, in whole or in part. Fed. R. Civ. P. 72(b)(3). Objections to the FCR must be "specific"; they must "put the disfrict court on notice of the urged enor." .llilliams y. K&B Equip, Co.,724F.2d 508, 511 (5th Cir. 1984). "[A]n objection must identiry the specific finding or recommendation to which objection is made, state the basis for the objection, and specifu the place in the magistrate judge's report and recommendation where the disputed determination is found." Thompson v. Bumpas, No. 4:22-CV-640,2022WL 17585271, at*1, (N.D. Tex. Dec. 12, 2022) (citng United States y. Mathis, 458 F. Supp. 3d 559, 564 (E.D. Tex. 2020)). The district court need not consider "[flrivolous, conclusive[,] or general objections." See Battle v. U.S. Parole Comm'n, 834F .2d 419, 421 (5th Cir. 1987) (quotation omitted). Moreover, "[i]t is well settled that issues raised for the first time in objections to a magisrrare judge's report are deemed not properly before the district court." K lnvs.,Inc. v. B-Gas Ltd., No. 2i-40642, 2022WL964210, at *5 (5th Cir. Mar. 30,2022) (tust citing Cupit r,. Witley, 28 F.3d 532, 535-36 n.5 (5th Cir. 1994); then citing United States v. Armstrong,95l F.2d 626, 630 (5th Cn.1992); and then citingHarrisonv. Smith,83 F. App'x 630,632 (sth Ck.2003)). 3. Analysis The Court ovemrles the plaintiffs objections and affums the FCR in full. -5 Case 6:25-cv-00061-H-BU Document 25 Filed 02/27/26 Page 5 of 6 PageID <pageID>
Foremost, the plaintiffdoes not make specific objections to identified portions of the FCR or Judge Parker's well-reasoned conclusions about each claim, but rather generally objects to Judge Parker's recommendation of dismissal with prejudice. SeeDkl No. 24 at 2-3. The Court has reviewed these unobjected-to portions of,the FCR for plain error. Finding none, the Court accepts and adopts those portions of the FCR. In short, the plaintifPs objections are merely reiterations ofthe conclusory allegations made in his live pleading. And his citations to legal authority are either trelevant, non-bindilg, or both. As the Court need not consider "[flrivolous, conclusive[,] or general objections," Battle,834F.2dat421, the plaintiff s objections are overruled. Furthermore, the assertion of a conspiracy befween the defendants, made for the first rime in the plaintiffs objections, is not properly before the Court. Klnvs.,2022WL964210, at *5. Evenso, the plarntiffhas made no factual aliegations to support such a theory. 4. Conclusion In sum, the Court overrules the plaintiffs objections (Dkt. No. 24) and adopts the FCR (Dkt. No. 23) as this Court's findings. Accordingly, the Court denies the plaintiffs motion for preliminary injunction (Dkt. No. 6) and dismisses the action with prejudrce. So ordered on February 11 zozo JAMES SLEY HENDRIX UNIT STATES DISTRICT JUDGE -6 Case 6:25-cv-00061-H-BU Document 25 Filed 02/27/26 Page 6 of 6 PageID <pageID>
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